Law No. 13254, of 13 JANUARY 2016 Offers Special Regime of foreign exchange and tax Regularization (RERCT) resources, property or rights of lawful origin, declared or not declared incorrectly, referred, retained abroad or repatriated by resident or domiciled in the country.
The President of the REPUBLIC do I know that the National Congress decrees and I sanction the following law: Art. 1 the special Regime shall be established foreign exchange and tax regularization (RERCT), to voluntary declaration of resources, property or rights of lawful origin, declared or not declared with omission or inaccuracy with respect to essential data sent or kept abroad, or repatriated by resident or domiciled in the country, according to the exchange rate or tax legislation on the terms and conditions of this law.
(1) the RERCT applies to resident or domiciled in the country in 31 December 2014 that have been or are still owners or holders of assets, property or rights in periods prior to 31 December 2014, even though, at that date, without balance or title of property and rights.
(2) the effects of this law shall be applied to the holders of law or of fact who voluntarily declare or incorrect statement is rectified for the resources, property or rights, accompanied by documents and information on its identification, ownership or destination.
§ 3 the RERCT also applies to non-residents at the time of publication of this law, provided that resident or domiciled in the country in accordance with the tax legislation on 31 December 2014.
§ 4 the effects of this law shall apply also to the estate whose succession is opened on 31 December 2014.
§ 5 this Act does not apply to guys who have been convicted in criminal procedure: (I)-(vetoed); and II-whose object is one of the crimes listed in paragraph 1 of art. Fifth, even if refer to resources, goods or rights to be settled by the RERCT.
Art. 2 shall be deemed, for the purposes of this Law: (I)-resources or undeclared or declared heritage with omission or inaccuracy with respect to essential data: values, material goods or intangible, capital and rights, regardless of the nature, origin or currency which are or have been, prior to 31 December 2014, owned by individuals or legal entities-residents , domiciled or headquartered in the country;
II-resources or assets of lawful origin: the goods and rights acquired with resources from activities permitted or not prohibited by law, as well as the object, the product or avail of the crimes referred to in §1 of art. 5;
III-resources or assets repatriated RERCT object: all resources or heritage, in any currency, or shape, the property of residents or domiciled in the country, even under the ownership of non-residents, which participates, is a partner, owner or beneficiary, that were acquired, transferred or employees in Brazil, with or without registration at the Central Bank of Brazil, and are not properly declared;
IV-resources or assets remitted or kept abroad: values, material goods or intangible, capital and rights not declared or declared with omission or inaccuracy with respect to essential data and sent or kept out of the national territory;
V-holder: owner of resources or assets not declared, sent or kept outdoors or repatriated.
Art. 3 the RERCT applies to all resources, property or rights of lawful origin of resident or domiciled in the country until 31 December 2014, including previously existing drives, sent or kept abroad, as well as those who have been transferred to the Country, in any case, and that have not been declared or have been declared with omission or inaccuracy with respect to critical data such as: I-bank deposits, certificates of deposits, shares of investment funds, financial instruments, insurance policies, investment certificates or savings operations, deposits in credit cards, retirement or pension funds;
II-loan operation with a person or entity;
III-resources, property or rights of any kind, arising from foreign exchange transactions illegitimate or unauthorized;
IV-resources, property or rights of any kind, paid-in foreign companies in the form of shares, capital increase, capital contribution or any other form of ownership or right of participation in the capital of legal entities with or without legal personality;
V-intangible assets available abroad of any nature, such as trademarks, copyright, software, know-how, patents, and any and all rights under the royalty regime;
I saw real estate or assets that represent rights over immovable property;
VII-vehicles, aircraft, vessels and other movable property subject to registration in General, although in chattel mortgage;
VIII-(VETOED); and IX-(vetoed).
Art. 4 To the RERCT, the person or entity shall submit to the Secretariat of Federal revenue of Brazil (RFB), and copy for registration purposes, the Central Bank of Brazil only specific regularization declaration containing the detailed description of resources, goods and rights of any nature that holds in 31 December 2014 to be regularised with its real value, or, in the case of lack of balance or title to property in 31 December 2014, the description of conduct practiced by the declarant that fit in the crimes referred to in §1 of art. 5 of this law and of their owned goods and resources.
§ 1 the single declaration of settlement referred to in the caput shall contain: i. the identity of the declarant;
II-the information provided by the taxpayer required the identification of resources, property or rights to be settled, as well as their ownership and origin;
III-the real value of the resources, property or rights of any nature declared;
IV-Declaration by the taxpayer of the property or rights of any nature declared from licit economic activity;
V-in the event of absence of balance of resources, or ownership of property or rights referred to in the caput, on 31 December 2014, the description of conduct practiced by the declarant that fit in the crimes referred to in §1 of art. 5 of this law and related resources, property or rights of any kind not declared, sent or kept outdoors or repatriated, though later transferred to ownership or liability, direct or indirect, of trust of any species, foundations, societies, trusts, or presentation prepared by the natural person ou legal delivery, custom or not, to guard, deposit, investment, ownership or property that are effective beneficiaries the interested , its representative or person designated by him; and I saw (vetoed).
§ 2 the resources, goods and rights of any nature contained in the Declaration only for membership of the RERCT should also be informed on: I-rectifier Declaration of annual adjustment of income tax relating to the calendar year of 2014 and later, in the case of an individual;
II-statement of rectifier Declaration of assets and capital abroad concerning the calendar year of 2014 and later, in the case of physical and legal person, if it is thank you; and III-corporate bookkeeping on the calendar year of membership and, in the case of a legal entity.
§ 3 the Declaration of conduct and property referred to in clause V of paragraph 1 will not imply the submission of declarations provided for in sections I, II and III of paragraph 2.
paragraph 4 After joining the RERCT and subsequent settlement in accordance with the chapeau, the option of repatriation by the declarant of overseas financial assets should take place through a financial institution authorized to operate in the country and to operate in the exchange market, on presentation of the Protocol of delivery of the statement of the caput of this article.
§ 5 the regularisation of assets held in the name of an intermediary will extend her the extinction of criminality provided for in §1 of art. Fifth, under the conditions laid down in that article.
paragraph 6 is the natural person or legal entity to join the RERCT required to maintain in good order and guard in their possession for a period of 5 (five) years, a copy of the documents referred to in paragraph 8 that bolstered the Declaration of adherence to the RERCT and present them if and when required by the RFB.
§ 7 the proceeds, fruits and accessories arising from the harnessing, abroad or in the country, resources, property or rights of any nature regulated by means of the statement only referred to in the caput of this article, obtained in the calendar year of 2015, should be included in the declarations provided for in paragraph 2 relating to the calendar year of membership and later, applying the provisions of art. 138 of law No. 5172, of 25 October 1966 (national tax code), if the necessary adjustments are made to the last day of the period for adherence to RERCT.
§ 8 for the purposes of the Declaration referred to in the caput, the value of the assets to be declared should match the values of the market, assuming as such: I-to the assets referred to in sections I and III of art. third, the existing balance at 31 December 2014, according to a document made available by financial institution, custodian;
II-to the assets referred to in item II of art. third, the remaining credit balance at 31 December 2014, as contract between the parties;
III-to the assets referred to in clause IV of the art. third, the value of net assets at 31 December 2014, as balance sheet raised on that date;
IV-to the assets referred to in sections V, VI, VII and IX of the art. third, the market value determined according to assessment made by specialized entity;
V-(VETOED); and I saw to the assets no longer exist or which are not owned by the declarant in 31 December 2014, the value pointed to by suitable document that depicts the well or the operation to him for.
§ 9 for the purposes of determining the value of the asset in real, the value expressed in foreign currency must be converted: I-in u.s. dollar for dollar exchange rate fixed, for sale, by the Central Bank of Brazil, to the last working day of the month of December 2014; and II-in national currency for the dollar exchange rate fixed, for sale, by the Central Bank of Brazil, to the last working day of the month of December 2014.
§ 10. To the resources already repatriated, the statement shall be made on the basis of the value of the asset in real in 31 December 2014.
§ 11. Are exempted from the fine contemplated in art. 8 the values available in offshore accounts in the limit of up to R$ 10000.00 (10000 dollars) per person, converted to us dollar on 31 December 2014.
§ 12. The Declaration of regularization of the caput shall not be used for any mode: I-as the only indication or element for the purposes of prosecution or investigative;
II-to support, directly or indirectly, any administrative procedure tax or currency in nature in relation to the resources therein.
§ 13. Whenever the amount of financial assets exceeds USD 100,000.00 (100,000 u.s. dollars), without prejudice to the provided for in paragraph 4, the declarant must request and authorize the financial institution abroad to send information about the balance of these assets on 31 December 2014 for a financial institution authorized to operate in the country, which will provide such information to the RFB , not being the financial institution authorized to operate in the country as regards fact-finding responsibility of information provided by a foreign financial institution.
Art. 5 adherence to program shall be by delivery of the statement of resources, assets and rights subject to regularization provided for in heading of art. 4 and full payment of the tax provided for in art. 6 and the fine provided for in art. 8 of this law.
(1) the conditions provided for in the caput before criminal decision, in relation to goods to be cleared, extinguished the crime punishable provided for: (I)-in art. 1 and subparagraphs I, II and V of the art. 2 of law No. 8137, dated 27 December 1990;
II-in Act No. 4729, of 14 July 1965;
III-in art. 337-A of Decree-Law No. 2848 of 7 December 1940 (Penal Code);
IV-the following arts. Decree-Law No. 2848 of 7 December 1940 (Penal Code), when exhausted its potential affecting the practice of crimes laid down in sections I to III: a) 297;
I saw the heading and in the sole paragraph of art. 22 of law No. 7492, of 16 June 1986;
VII-in the art. 1 of Act No. 9613 of 3 March 1998, when the object of the crime is good, right or value from, directly or indirectly, from the crimes referred to in items I to VI;
§ 2 the extinction of criminality referred to in paragraph 1: (I)-(vetoed);
II-only occurs if the conditions if it goes before the final transit of criminal decision of conviction;
III-will produce, in relation to the public administration, the extinction of all obligations of Exchange or financial nature, principal or accessory, including the formal purposes, which could be payable in respect of property and rights declared, except where provided for in this law.
paragraph 4 (vetoed).
§ 5 in the case of sections V and VI of the § 1, the extinction of criminality will be restricted to cases in which the resources used in the operation of unauthorized Exchange, currencies or coins exits the country without legal authorization or deposits held abroad and to competent federal books have lawful origin or come from, directly or indirectly of any of the crimes referred to in subparagraphs I, II, III, VII or VIII §1.
Art. 6 for the purposes of the provisions of this Law, the amount of the adjustment object will be considered assets increase assets acquired on 31 December 2014, although at that time there is no balance or title, in the form of item II of the caput and paragraph 1 of art. 43 of law No. 5172, of 25 October 1966 (national tax code), subject to the person, or entity, the payment of income tax on it, as a capital gain, at a rate of 15% (fifteen per cent), in force on 31 December 2014.
§ 1 the collection referred to in the caput shall be shared with States and municipalities in the form established by the Federal Constitution, especially in terms of what it offers the item I of his art. 159. § 2 in the calculation of the basis of calculation of taxes contemplated in this article, corresponding to the value of the asset in real, will not be allowed deductions of any kind or discounts of acquisition cost.
(3) for the purposes of determining the value of the asset in real, the value expressed in foreign currency must be converted: I-in u.s. dollar for dollar exchange rate fixed, for sale, by the Central Bank of Brazil, to the last working day of the month of December 2014; and II-in national currency for the dollar exchange rate fixed, for sale, by the Central Bank of Brazil, to the last working day of the month of December 2014.
§ 4 the settlement of property and rights and the payment of taxes in the form of this article and of the fine contemplated in art. 8 will involve the remission of tax credits arising from the non-fulfillment of tax liabilities and a reduction of 100% (100%) of fines for late payment, ex officio or isolated and legal costs directly related to these assets and rights in relation to facts occurring generators until 31 December 2014 and exclude the fine for not delivering timely and complete the Declaration de capitais brasileiros no exterior , in the form set by the Central Bank of Brazil, the penalties imposed by the Securities Commission or other regulatory entities and the penalties provided for in law No. 4131, September 3, 1962 in law No. 9069, of 29 June 1995, and in provisional measure no. 2224, of 4 September 2001.
§ 5 the remission and the reduction of the fines provided for in paragraph 4 does not reach the taxes withheld by the taxable person in charge, and not picking up the public coffers in the legal deadline.
§ 6 the RERCT dispenses payment of arrears on the tax contemplated in the caput.
§ 7 the tax paid in the form of this article shall be considered as definitive taxation and will not allow the refund of amounts previously paid.
§ 8 the option by RERCT and the payment of the tax in the form of caput matter irrevocable and intractable confession of debts on behalf of the taxpayer on condition of taxpayer or responsible, constitute extrajudicial confession pursuant to arts. 348, 353 and 354 of law 5869 of January 11, 1973 (code of Civil Procedure), and influence the taxpayer to full acceptance and intractable of all the conditions laid down in this law.
Art. 7 joining the RERCT may be made within 210 (210) days, counted from the date of entry into force of the Act of the RFB that treats the art. 10, with the Declaration of assets and liabilities at 31 December 2014 and the consequent payment of the tribute and the fine.
(1) the disclosure or publication of information present in the RERCT lead effect equivalent to the breaking of the tax secrecy, subjecting the responsible to penalties referred to in the Supplementary Law No. 105 of 10 January 2001, and in art. 325 of Decree-Law No. 2848 of 7 December 1940 (Penal Code), and, in the case of a public official, the penalty of dismissal. (2) without prejudice to the provisions of § 6 of art. 4, is prohibited to RFB, the national monetary Council (CMN), Brazil's Central Bank and other government agencies involved in the RERCT disclosure or sharing of the information provided by reporting that have adhered to the RERCT with the States, the Federal District and the municipalities, including for purposes of tax credit.
Art. 8 On the tax amount calculated in the form of art. 6 will focus 100% fine (100 percent).
§ 2 the RFB to administration of the activities relating to the operation, recovery, storage room, the refund and the supervision of the fine in the caput.
Art. 9 will be excluded from the RERCT the taxpayer to submit false statements or documents relating to the ownership and legal condition of the resources, property or rights declared pursuant to art. 1 of this Act or the documents provided for in § 8 of art. 4.
§ 1 In case of deletion of the RERCT, will be charged the equivalent values to taxes, fines and interest, minus what has been previously paid, without prejudice to the application of civil, criminal and administrative penalties applicable.
(2) in the event of exclusion from the RERCT contributor, the establishment or the continuity of investigative procedures as to the origin of the assets settlement object can only occur if there is documentary evidence not related to the taxpayer's declaration.
Art. 10. The provisions of this law shall be regulated: I-for RFB, within the framework of its competencies; and II-(vetoed).
Art. 11. The effects of this law will not be applied to holders of positions, jobs and public functions or their spouse or electives and consanguineous relatives or the like, up to the second degree or by adoption, the date of publication of this law.
Art. 12. This law shall enter into force on the date of its publication.
Brasília, 13 January 2016; 195th and 128 of the Republic's independence.
ROUSSEFF José Eduardo Cardozo Nelson Barbosa Valdir Moysés Simon